Jurisdiction of the Supervisory Judge over Substitute Home Detention: Analysis of Judgment No. 18940/2025
The recent Court of Cassation ruling 18940/2025 definitively clarifies who has jurisdiction over enforcement matters relating to substitute home detention, confirming the central role of the Supervisory Magistrate even after the innovations introduced by Legislative Decree 150/2022. A thorough analysis to understand the practical implications for the execution of sentences.
Completed Theft Under Police Surveillance: The Cassation Court's Decision no. 17715/2025
The Court of Cassation, with ruling no. 17715 of 2025, clarifies when theft is considered completed, even if the perpetrator is constantly monitored by law enforcement. An in-depth analysis of the conditions for autonomous possession of stolen goods and the irrelevance of remote observation for the configuration of the crime.
Preventive Measures: The Court of Cassation and Limits to the Court's Powers (Judgment no. 17683/2025)
An important ruling by the Court of Cassation, judgment no. 17683 of 2025, clarifies the boundaries of the court's power in matters of preventive measures: after detention, the assessment of social dangerousness is limited to the execution or revocation of special surveillance, excluding modifications to the original category of dangerousness. Essential reading for the protection of rights and the correct application of the Anti-Mafia Code.
Jurisdiction over the appeal pursuant to art. 18-ter O.P. in correspondence checks: commentary on Cass. pen. no. 15673/2025
The Court of Cassation clarifies that the incorrect identification of the competent judge for the appeal against measures of mail detention for inmates under 41-bis regime is subject to ex officio review for legitimacy: what are the practical consequences for defense, inmate, and prison administration
External work and the role of the surveillance magistrate: post-delictum conduct in Ruling no. 14103/2025
The Court of Cassation, with Ruling no. 14103/2025, clarifies how the surveillance judge must assess not only the seriousness of the crime but also the inmate's subsequent behavior to authorize external work, balancing the rehabilitative purpose and the need to prevent recidivism.
Production of minutes in defensive investigations: commentary on ruling no. 46795 of 2024
The recent ruling no. 46795 of 2024 clarifies that the records of defensive investigations are not subject to the five-day deadline for filing memoranda, highlighting an important distinction in the surveillance procedure.
Special surveillance and art. 75 Legislative Decree 159/2011: the Court of Cassation no. 14346/2025 clarifies the obligation to re-evaluate dangerousness
The Court of Cassation, with judgment no. 14346/2025, annulled without referral a conviction for violation of special surveillance: failure to re-evaluate the current dangerousness after detention, even if less than two years. Analysis of defensive and operational implications.
Commentary on Judgment No. 29379 of 2024: Social Danger and Special Surveillance
Let's analyze the recent ruling no. 29379 of 2024 that addresses the issue of social dangerousness and preventive measures, highlighting the legislative choices underlying the Court's decision.
Analysis of Judgment No. 28631 of 2024: Postponement of Sentence Execution for Health Reasons.
The 2024 ruling provides important insights on the deferment of sentence execution for health reasons, highlighting the rights of inmates and the responsibilities of the parole board.